19 Amendments of Anna Maria CORAZZA BILDT related to 2016/0176(COD)
Amendment 162 #
Proposal for a directive
Recital 8
Recital 8
(8) Beneficiaries of international protection as defined in Article 2(a) of Directive 2011/95/EU of the European Parliament and of the Council34 have a wide set of rights including labour market access in the Member State having granted them protection. In order to further promote social inclusion of these persons and enhance their labour market opportunities across the Union, those who are highly skilled should be entitled to apply for an EU Blue Card. They should be subject to the same rules as any other third- country national falling within the scope of this Directive, while holding the statuses of beneficiary of international protection and EU Blue Card holder in parallel. However, for reasons of legal clarity and coherence, the provisions on equal treatment and family reunification of this Directive should not apply to this group of EU Blue Card holders in the Member State which granted them international protection. Those rights should remain regulated under the asylum acquis and, where applicable, Council Directive 2003/86/EC35 . _________________ 34 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ L 337, 20.12.2011, p. 9). 35Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).
Amendment 172 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive should not apply to categories of third-country nationals to whom a particular scheme under Union law, with specific entry conditions and sets of rights, applies when the inclusion of those categories in this Directive would go against the rationale of the particular scheme, create unnecessary legal complexity or entail a risk of abuses. This Directive should not apply to third-country nationals who apply to reside in a Member State as researchers in order to carry out a research project, as they fall within the scope of Directive (EU) 2016/801 of the European Parliament and of the Council37 which introduces a specific procedure for admitting third-country nationals for the purposes of scientific research. However, once admitted under Directive (EU) 2016/801, legally residing researchers should be entitled to apply for an EU Blue Card under this Directive for other purposes than those covered under Directive (EU) 2016/801 without having to leave the territory of the EU. _________________ 37 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.05.2016, p. 21).
Amendment 176 #
Proposal for a directive
Recital 13
Recital 13
(13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6 months, an optional salary threshold adaptable by the Member States to the situation in its labour market and higher professional and educational qualifications and skills.
Amendment 189 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. by Member States that have chosen to introduce such a threshould fix their thre. Those Member States should fix it in accordance with the situation and organisation of their respective labour markets and their general immigration policies.
Amendment 200 #
Proposal for a directive
Recital 16
Recital 16
Amendment 206 #
Proposal for a directive
Recital 17
Recital 17
Amendment 237 #
Proposal for a directive
Recital 30
Recital 30
(30) A simplified procedure for employers which have been recognised for that purpose should be provided, optional for Member States. The status of recognised employer should bring specific facilitation in terms of procedures and admission conditions – amounting to a simplified procedure – under this Directive and Member States should include sufficient safeguards against abuse. Where the status of recognised employer is withdrawn during the period of validity of an EU Blue Card issued under the simplified procedure, regular admission conditions should apply upon renewing that EU Blue Card, unless the third-country national concerned is employed by another recognised employer.
Amendment 240 #
Proposal for a directive
Recital 34
Recital 34
(34) PEducational and professional qualifications and skills acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council42 . Where a third- country national is applying for an EU Blue Card to practice an unregulated profession, Member States should avoid excessive formal requirements and full recognition procedures regarding qualifications, wherever sufficient evidence can be otherwise obtained. _________________ 42 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 248 #
Proposal for a directive
Recital 35
Recital 35
(35) The rights acquired by a beneficiary of international protection as an EU Blue Card holder should be without prejudice to rights enjoyed by the person concerned under Directive 2011/95/EU and under the Geneva Convention in the Member State which granted the protection status. In that Member State, in order to avoid situations of conflicting rules, the provisions on equal treatment and family reunification of this Directive should not apply. Persons who are beneficiaries of international protection in one Member State and EU Blue Card holders in another should enjoy the same rights including equality of treatment with nationals of the Member State of residence as any other EU Blue Card holders in the latter Member State. When the Blue card expires beneficiaries of international protection should not lose their status in accordance to Directive 2011/95/EU in the Member States which granted the protection status.
Amendment 332 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall not issue any other permit thangive preference for the issue of an EU Blue Card to third-country nationals for the purpose of highly skilled employment.
Amendment 351 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 367 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 374 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
Amendment 399 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
In circumstances where their labour market situation undergoes serious disturbances such aexperiences a high level of unemployment in a given occupation or sector, which may be limited to a particular part of their territory, Member States may check whether the concerned vacancy could not be filled by national or Union workforce, by third- country nationals lawfully resident in that Member State and already forming part of its labour market by virtue of Union or national law, or by EU long-term residents wishing to move to that Member State for highly skilled employment in accordance with Chapter III of Directive 2003/109/EC.
Amendment 492 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The level of fees required by Member States for the processing of applications in accordance with this Directive shall not be disproportionate or excessive in a way that would hinder the fulfilment of its objectives.
Amendment 495 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States may decide toshall provide for recognition procedures for employers in accordance with their national law or administrative practice for the purpose of applying simplified procedures for obtaining an EU Blue Card.
Amendment 497 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 529 #
Proposal for a directive
Article 16 – paragraph 6 – subparagraph 2
Article 16 – paragraph 6 – subparagraph 2
Amendment 599 #
Proposal for a directive
Article 21 – paragraph 7
Article 21 – paragraph 7
7. This Article shall apply to EU Blue Card holders who are beneficiaries of international protection onlyboth when they move to reside in a Member State other than the Member State which granted them international protection or if they stay in that Member State which granted international protection.